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[G.R.
No. 150333.
CABRERA vs. AQUINO, et al.
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 02 DEC 2002.
G.R. No. 150333 (Remelito Cabrera vs. Alfredo M. Aquino, et al.)
Before the Court is a petition for review on certiorari
assailing the Decision dated
On
The DILG Provincial Office gave due course to the recall initiative on
Subsequently, petitioner Remelito Cabrera was proclaimed winner in the recall election by the Board of Election Supervisors (BES).
Sollegue filed a petition with the SK National Executive Board (SK NEB) for nullification of the recall election. The SK NEB took cognizance of Sollegue's petition and required Cabrera to file his answer. A summary hearing was conducted and the parties submitted their respective position papers.
In the meantime, Cabrera filed with the Regional Trial Court of Virac, Catanduanes, a special civil action for mandamus, prohibition and damages, with prayer for issuance of a writ of preliminary injunction or a temporary restraining order against Sollegue and the Sangguniang Panlalawigan of Catanduanes on his claim that they refused to recognize him as the duly elected SK representative in the Board unless he presented a certificate issued by the SK NEB confirming his election as President of the SK Provincial Federation.
On
In the middle of August 2000, the SK NEB passed a Resolution nullifying the recall election, and reinstating Sollegue as President of the SK Provincial Federation.
On the basis of the aforementioned resolution of the SK NEB, Sollegue, et al. raised in their Answer in the special civil action before the trial court the defense of res judicata.
On October 6, 2000, the trial court denied Sollegue, et al's motion for reconsideration of its Order dated August 7, 2000, as well as their special and affirmative defense of res judicata which it treated as a motion to dismiss. On November 9, 2000, the trial court issued an Order directing the enforcement of the writ of prelim nary injunction.
A day earlier, November 8, 2000, Sollegue, e t al. filed with the Court of Appeals a petition for prohibition assailing the trial court's August 7, 2000 Order directing Sollegue, et al. to desist from blocking Cabrera, from sitting as ex-oficio member of the Sangguniang Panlalawigan in his capacity as duly elected President of the SK Provincial Federation.
On August 24, 2001, the Court of Appeals issued its Decision nullifying the writ of preliminary injunction issued by the trial court. The appellate court denied Cabrera's motion for reconsideration in its Resolution dated October 11, 2001.
Cabrera filed the instant petition on December 3, 2001, raising the following issues: (1) Whether or not the Resolution of the SK NEB nullifying the recall election constitutes res judicata in the special civil action for mandamus and prohibition filed by him with the trial court; and (2) Whether or not he is estopped from questioning the jurisdiction of the SK NEB over the petition to nullify the recall election.
Cabrera submits that it is the Board of Election Supervisors (BES) which has jurisdiction to entertain the petition for nullification of the recall election. He assails the jurisdiction of the SK NEB thereon on the following grounds: (1) under the 1997 Constitution and By-Laws of the SK, the BES shall be the final arbiter in all election controversies within its level; and (2) the SK NEB took cognizance of the petition for nullification of the recall election pursuant to a Memorandum of Agreement (MOA) dated June 28, 2000. The recall election was held on May 31, 2000 when the said MOA was not yet in force. Hence, the petition for nullification of the recall election should have been filed with the BES.
In their Comment, Sollegue, et al. assert that there is a separate Article under the Constitution and By-Laws of the SK on "Recall," and said Article provides that the recall process shall be under the supervision of the DILG. Thus, Sollegue, et al. claim that the BES has no jurisdiction over the petition for nullification of the recall election.
Cabrera was required by the Court to file a Reply, but he failed to submit the same. Instead, Cabrera filed on August 21, 2002 a Motion to Dismiss Petition, which is actually a motion to withdraw the instant petition, for the reason that his term as President of the SK Provincial Federation and as ex-oficio member of the Sangguniang Panlalawigan had already expired, thus rendering the instant petition moot and academic.
The motion is meritorious. Indeed, the expiration of Cabrera's term as President of the SK Provincial Federation and as ex-oficio member of the Sangguniang Panlalawigan has rendered the issues raised in the petition moot and academic.
IN VIEW OF THE FOREGOING , petitioner Cabrera's motion to withdraw the petition is hereby GRANTED. The instant case is considered CLOSED and TERMINATED.
Petitioner's motions for first to third extension of
time totalling sixty (60) days from
Very truly yours,
TOMASITA B. MAGAY-DRIS
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Asst. Clerk of Court
Endnotes:
[1] cralaw Alfredo M. Aquino, Catalino Gabao, Evelyn Gutierrez, Carlos Aguilar, Lilia Evangelista, Rose Olarte and Jenor Sollegue, Petitioners, vs. Remelito Cabrera and Hon. Judge Nilo Barsaga in his capacity as Presiding Judge, Regional Trial Court of Catanduanes, Branch 42, Respondents.
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